Section 9-13-120. Affidavit of illegality -- When authorized; bond and security

   When an execution against the property of any person issues illegally, or is proceeding illegally, and the execution is levied on such property, the person may make oath in writing, stating the cause of the illegality, and deliver the same to the sheriff or other executing officer together with bond and good security for the forthcoming of the property, as provided by this article.

Laws 1799, Cobb's 1851 Digest, p. 509; Laws 1838, Cobb's 1851 Digest, p. 514; Code 1863, § 3591; Code 1868, § 3614; Code 1873, § 3664; Code 1882, § 3664; Civil Code 1895, § 4736; Civil Code 1910, § 5305; Code 1933, § 39-1001.